Enforcing your patent

You are responsible for monitoring the way your patent is used and protecting it against infringement.

We will not police your patent or launch legal proceedings on your behalf. We are not able to become involved in, or give advice, relating to the infringement or possible infringement of your patent. We will not act on your behalf.

You must put appropriate safeguards in place, maintain secrecy, communicate your legal rights and, if necessary, defend your rights through legal action. This is to ensure that only you can turn your ideas into a commercial reality.

Do not wait for someone to infringe your patent. Put a strategy in place to deal with infringement before it happens and make it part of your overall protection and commercialisation strategy.

If you find your patent is being copied or used by someone else without your permission, there are a number of actions you can take. These range from a letter of warning from your attorney, negotiations to settle out of court and if this fails, court action.

Whatever action you do take, pursue it vigorously and make sure any infringer knows you're serious about protecting your patent. Delay could also jeopardise your legal rights to obtain an injunction.

For help with handling infringement speak to an IP professional.

Last Updated: 23/11/2013

Meet Tessa
Bachelor of Graphic Design/Advertising and Marketing Communications

Communication officer
Learn more about working with us

Latest news

Stay up to date with the latest intellectual property news in Australia

Read more

Search patents

Learn how to search our patents online database

Read more